VYAVASTHA*IDA1RPAN A 21 Raghunandana in his Showdhi-tat wa quotes the following texts of Jógnyavalkya:—“Even a son begotten by a Shūdra on a female slave” may take a share by the father's choice, but if the father be dead, the brethren should make him partaker of the moiety of a share: and one who has no brothers may inherit, the whole property, in default of a daughter's son.” He then adds the comment.--"The rule laid down in the above text of Jágnyavalkya is observed only among the Shodras, not by the other casts; and he thus admits the heritable right of the son so begotten.” Such practice however being confined in fact to the very inferior tribes of Shitdras, the text (of Jágnya walkya) can be considered to apply to thern only. Among these twelve descriptions of sons, any other, than the ourasa and dattaka, are forbidden in the Kali-age: thus the A'ditya pursina, after citing—“The filiation of any but the dattaka and ourasa is not admitted: and also the marriage of regenerate men (i. e. Brăhman, Kshetriya, and Boishya) with girls of unequal class”——and other parts of the law, proceeds--" these practices have been abrogated by the highminded sages, with an intent of securing mankind from evil. The ordinances of Sidhus are of equal authority with the Pedas.--Stidhus, i. e. men frce from all defects. See the Udvaihatatwa. See also Coleb. Dig. Vol. III, pp. 141, 142, 271, 272, 288. These practices aro enjoined by the Pedas, but they are forbidden or abrogated by the authority of Sådhus. That authority is admitted to be equal to the Vedas, and is therefore superior to all other authoritics. It follows that is, by the authority of Sãdhus, such observance and practice be again sanctioned, their legality will be restored. Thus Man w: “Know the system of dutics, which is revered and observed by such as are learned in the Vedas, virtuous, and ever exempt from hatred and inordinate affection, and which is impressed on the heart (as the means of beatitude). The Scripture, the Codes of Law, the practice (approved) of the good, and the satisfaction of the conscicnce: the wise have openly declared virtue to be of these four descriptions.” Ch. II., V. 2 & 12. Further, a custom continuously observed for several generations, and not repugnant to the Vedas, has the force of law; as Manu :—“A king who knows the revealed law, must enquire into the particular laws of tribes, the laws (or usages) of districts, the rules of the classes (of traders, and the like), the customs of certain families, and shall establish their peculiar laws, (if they be not repugnant to the Vedas.)” Ch. VIII., v. 41. So, the usage of a country, &c., established by agreement of the people must also be observed, provided such usage be not opposed to the Pedas and the codes of law. Thus Joignyavalkya :—“The usage or practice which has its origin in the general agreement of the people should be carefully observed, as well as that which is established by the king; provided such usage be not opposed to one’s own dhamra” (v. 188). Bhrigu (says): whatever be the custom of a country, tribe, or nation, body of people, or village, let that be followed, and let the partition of heritage be made in conformity therewith. Kátyáyana. The marriage of a Shizdra with a woman of another cast has been prohibited by Manu himself:—“For a Shudra is ordained a wife of his own class, and no other: and if a hundred sons be born of her, they shall have equal shares.” Ch. IX., v. 157.
- The description of the different kinds of slaves, male and female, is given hereafter.
